DEMONSTRATIONS, NATIONAL CELEBRATIONS, AND SPECIAL EVENTS First Amendment gatherings and marches, na- tional celebrations, and special events all draw CONTENTS crowds that may stand or sit on bleachers placed on the sidewalks to watch the events on the The Avenue’s Importance.............................. 1 street. Generally the avenue can sustain repeated NPS Regulations ............................................. 1 use because it is paved, as are the adjacent side- Regulating Public Use............................ 1 walks. While DC manages the 100-foot-wide Recreational Activities........................... 3 roadway, where many parades and activities Soliciting.................................................. 3 occur, NPS manages the adjacent sidewalks and Sales.......................................................... 3 park areas. Permitting and managing activities NPS-Permitted Activities............................... 3 with large crowds requires a great deal of First Amendment Activities .................. 3 coordination among many agencies and organi- Special Events ......................................... 3 zations to address circulation, health and safety, National Celebrations — Inaugural security and security checkpoints, and gathering Parades........................................ 4 and dispersal locations. (It should be noted that Commercial Filming and Photography4 Constitution Avenue is also used for many occa- Visitor Capacities............................................ 4 sions — typically for the Fourth of July, Colum- Number and Size of Events along bus Day, Memorial Day, and Veterans Day.) DC Pennsylvania Avenue ............................. 6 permits a number of annual street events on the avenue, primarily from late spring through early fall. The Metropolitan Police permit First THE AVENUE’S IMPORTANCE Amendment activities. Pennsylvania Avenue has served as our country’s “main street” throughout its history. Because it NPS REGULATIONS links two branches of our government, repre- In the context of longstanding First Amendment sented by the U.S. Capitol and the White House, jurisprudence, and consistent with NPS it has historically been used for state occasions, regulations and policies that allow demonstra- such as inaugural parades, victory parades, and tions and sales activities under certain condi- state funeral corteges, as well as for public tions, as discussed below, demonstrations are marches to air grievances. In 1805 Thomas legally consistent with Pennsylvania Avenue Jefferson began the tradition of parades to mark NHS. the inauguration of a president. Armed forces have marched along the avenue to celebrate the Regulating Public Use end of a war; most prominent in this celebratory role was the two-day parade of the Grand Army CFR regulations apply to all federal agencies, of the Republic at the end of the Civil War. Since and certain regulations apply only to the admin- the 1894 march by Coxey’s Army to emphasize istration of the national park system. The Code the plight of unemployed workers, the avenue of Federal Regulations addresses public use has been frequently used as a public venue to air limits, which a park superintendent may estab- grievance and to seek redress from Congress. lish based on a determination that limits are The avenue has also been a focal point as we “necessary for the maintenance of public health mourn presidents, heroes, and people of note. and safety, protection of environmental and These uses are firmly entrenched in law and scenic values, protection of natural and cultural public perceptions of what the avenue means to resources, . or implementation of management the American public. responsibilities, equitable allocation and use of facilities, or the avoidance of conflict among visitor use activities” (36 CFR 1.5). 1 DEMONSTRATIONS, NATIONAL CELEBRATIONS, AND SPECIAL EVENTS Regulations at 36 CFR 7.96 contain provisions harm park resources and shall be removed as specific to the greater Washington, D.C., area, soon as practicable). Permits for demonstrations including Pennsylvania Avenue NHS. Demon- may be extended if space is available (36 CFR strations, special events, and national celebra- 7.96(g)(5)). The regional director may impose tions are defined as follows (36 CFR 7.96(g)(1)): reasonable restrictions on the use of temporary structures in the interest of protecting park • Demonstrations — The term includes areas, traffic, and public safety. demonstrations, picketing, speechmaking, marching, holding vigils or religious ser- Sound amplification equipment is allowed in vices, and all other like forms of conduct connection with permitted demonstrations or that involve the communication or expres- special events as long as it does not unreasonably sion of views or grievances, engaged in by disturb nonparticipating persons in, or in the one or more persons, the conduct of which vicinity of, the area (36 CFR 7.96(g)(5)(xii)). is reasonably likely to draw a crowd or onlookers. This term does not include General regulations for permitted activities casual park use by visitors or tourists which along Pennsylvania Avenue have evolved with is not likely to attract a crowd or onlookers. regard to reasonable time, place, and manner; • Special events — The term includes sports some of the regulations have been tested, events, pageants, celebrations, historical upheld, or modified through judicial pro- reenactments, regattas, entertainments, ceedings. In 2008 the NPS regulations for the exhibitions, parades, fairs, festivals, and National Capital Region were revised through a similar events (including such events pre- rule-making process to clarify how long events sented by NPS), which are not demonstra- could take place, including setup and takedown tions as previously defined, and which are times for presidential inaugural parades. Permits engaged in by one or more persons, the for demonstrations and special events are conduct of which has the effect, intent, or generally limited to four months (36 CFR 7.96(g) propensity to draw a crowd or onlookers. (4)(ii)). Demonstrations may be extended unless This term also does not include casual park another applicant’s use precludes double use by visitors or tourists which does not occupancy. have an intent or propensity to attract a The superintendent may take action necessary crowd or onlookers. to maintain public health and safety, to protect • National celebration events — The term environmental or scenic values, to protect means the annually recurring special events natural or cultural resources, or to implement regularly scheduled by the National Capital management responsibilities, equitable alloca- Region, including presidential inaugural tion and use of facilities, or the avoidance of ceremonies. conflict among visitor activities. Such actions may include limiting public use or closing areas Public gatherings or demonstrations involving to use; designating areas for specific uses; and more than 25 people within the National Mall terminating restrictions, limits, closures, or and Memorial Parks generally require a permit visitor hours (36 CFR 1.5; 36 CFR 7.96). issued by NPS. In addition, portions of Pennsyl- vania Avenue NHS are reserved for the exclusive Proposed permitted activities must be consistent use of the Presidential Inaugural Committee with legislation, administrative policies, and (PIC) on inaugural day (36 CFR 7.96(g) (4)(iii)) based on a determination that public health and and related setup and takedown. safety, environmental or scenic values, natural or cultural resources, scientific research, imple- Permit conditions for demonstrations and mentation of management responsibilities, special events include how long events may last; proper allocation and use of facilities, or the hours of operation to avoid unreasonable inter- avoidance of conflict among visitor use activities ference with rush-hour traffic; and allowance of will not be adversely affected (36 CFR 1.6; 36 temporary structures erected for the purpose of CFR 7.96(g)). Regulations at 36 CFR (4)(vii)(A)- symbolizing a message or meeting logistical (D) stipulate that a permit may be denied if: needs (such structures may not unreasonably 2 NPS-Permitted Activities (A) a fully executed application for the same NPS-PERMITTED ACTIVITIES time and place has been received, and a permit has been or will be granted author- First Amendment Activities izing activities which do not reasonably The First Amendment to the U.S. Constitution permit multiple occupancy provides rights for freedom of speech and reli- (B) it reasonably appears that proposed dem- gion. First Amendment demonstrations are onstration or special event will present a permitted along Pennsylvania Avenue in accor- clear and present danger to the public dance with regulations at 36 CFR 7.96(g). Dem- safety, good order, or health onstrations expected to have more than 25 people are required to have a permit. NPS may (C) the proposed demonstration or special coordinate permitting with the United States event is of such a nature or duration that it Park Police. Activities taking place within the cannot be reasonably be accommodated avenue right-of-way also require a permit from (D) the proposed demonstration or special the DC Metropolitan Police. event is contrary to NPS regulations or other applicable law or regulation Special Events Additional factors for a proposed special event In accordance with NPS Management Policies (36 CFR 7.96(g)(5)(v)(A)–(E)) include whether 2006, special